Diego Garcia Military Base and British Indian Ocean Territory Bill

Caroline Nokes Excerpts

Committee of the whole House
Monday 20th October 2025 Commons Chamber

[Graham Stuart (Beverley and Holderness) (Con)]

My right hon. Friend has highlighted the Prime Minister misleading—perhaps I have to say inadvertently misleading —us about the cost of this, when the Government Actuary’s Department has shown that it is £35 billion. More than that, he was suggesting in his press conference that China, Russia and others—

[The Second Deputy Chairman of Ways and Means (Caroline Nokes)]

Order. The right hon. Member may like to rethink his words about the Prime Minister.

[Graham Stuart]

I bow to you, Ms Nokes. Having misrepresented—I think I am allowed to say that—

[The Second Deputy Chairman]

No.

[Graham Stuart]

Oh, I cannot say “misrepresented”. Having inadvertently confused the £35 billion that is actually going out with the £3.5 billion he claimed was going out, the Prime Minister, equally inadvertently, Ms Nokes, made out that China, Iran and Russia were in the column—he used the word “column”—of those opposing this deal, although I think each and every one of them came out publicly to say how much they welcomed it. Can my right hon. Friend share any knowledge about that with us?

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[Sir Andrew Mitchell (Sutton Coldfield) (Con)]

My right hon. Friend is doing a very good job of forensically demolishing the Government’s case, such as it is. May I just correct what the Minister has said from the Dispatch Box? There is a very great difference between carrying on and discussing negotiations, and doing a deal. As I was the Deputy Foreign Secretary under both my right hon. Friend the Member for Braintree (Sir James Cleverly) and my noble Friend Lord Cameron, I can tell the House that the then Government would never, ever have done this deal. Secondly, I do hope my right hon. Friend will probe the Minister further on where this extraordinary amount of money is coming from. Is it the defence budget or is it the development budget? Since the Labour party—a Labour Government—has slashed development spending from—

[The Second Deputy Chairman of Ways and Means (Caroline Nokes)]

Order. That is a very long intervention. Perhaps the shadow Minister should take over.

[Wendy Morton]

My right hon. and gallant Friend and constituency neighbour makes some very, very important points. He adds a certain weight and clarity to these discussions, and I urge Labour Members—certainly the newer Members—to listen to his wise counsel.

The House of Commons should be given a vote on the payments and that is the purpose of this amendment. In scope will also be the Chagossian trust fund, which, inexplicably, British taxpayers capitalise and Mauritius then distributes. We pay and Mauritius has total control over how it is spent. We will have no say over its governance and British Chagossians have no guarantees that they will benefit from it. How can that be right? The least this House and British Chagossians deserve is a vote on sending the money. What possible explanation could the Government provide against that?

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[Mr Bailey]

I thank the hon. Member for his intervention. The Bill has been before the House already, and at the moment we are discussing the amendments that have been tabled. The hon. Member will soon have the opportunity to discuss the amendments he has tabled. However, abdicating this Chamber’s decision—[Interruption.]

[The Second Deputy Chairman of Ways and Means (Caroline Nokes)]

Order. There is far too much noise and many private conversations, which make it very difficult to hear the hon. Gentleman.

[Mr Bailey]

Abdicating this House’s responsibilities to a referendum is not something on which we will agree. This treaty is a vital step to secure UK interests. It puts the Diego Garcia base on a secure footing for at least 100 years. I understand that Opposition colleagues have a range of objections to this treaty, not all of which are jaw-droppingly hypocritical, however—

[The Second Deputy Chairman]

Order. I will give the hon. Gentleman the same warning that I gave the right hon. Member for Beverley and Holderness (Graham Stuart). He needs to be very careful with his language.

[Mr Bailey]

Not all the objections are jaw-droppingly confused, but some colleagues will vote against the Bill tonight on the basis of them. That is no reason to support an amendment that would undermine the Government’s ability to navigate the difficult and chaotic world we live in today and keep our country safe.

[The Second Deputy Chairman]

I call the Liberal Democrat spokesperson.

[Dr Al Pinkerton (Surrey Heath) (LD)]

I will speak in support of seven amendments tabled in my name. For too long, decisions about the Chagos islands have been made without the consent of Chagossians. My grave concern is that the treaty to be given effect by the Bill fails to rectify that historical and ongoing injustice. Not only does it fail to provide adequate protection of their rights, it fails to establish a legally binding right to return or a binding programme of resettlement of the islands for Chagossians.

Turning to amendment 9, we recognise and support the importance of abiding by international law and believe that the UK was indeed right to open a process of negotiation with Mauritius—especially so given the risk that a judgment against the UK in any court could threaten our sovereignty over and security interests in Diego Garcia and the wider Chagos archipelago. However, the treaty that has emerged not only falls short in addressing past injustices, but introduces new injustices of its own.

At the very core of the United Nations charter—a document that this country helped to shape—lies the right of all peoples to self-determination. Article 1(2) could not be clearer: one of the purposes of the United Nations is to

“develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples”.

Yet for the Chagossian people that right has been denied for more than half a century. They were exiled from their homeland in the Chagos archipelago, scattered across the globe, and left without the means or permission to return. It was, and remains, a moral stain on our modern history.

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[Stuart Anderson]

My right hon. Friend makes a great point. I spoke to one of the submarine commanders from the US navy only about six weeks ago. He told me that 15 years ago he would see one Chinese ship or submarine per week, and now he sees 100 a week. The whole area is full of them. When we start looking at the security of buffer zones, we see that we cannot move in this area for Chinese submarines. The whole space is swamped with them.

We are doing a deal that will remove our ability to sit at the table where we used to have such strength. Our armed forces now would have trouble supporting our allies in any area, particularly the Indo-Pacific—[Interruption.] The Minister for Defence Readiness and Industry says that is not true. We have HMS Spey and the carrier strike groups, but we have no permanent presence in the Indo-Pacific. With our current commitments, we would need a brigade strength or more to enable us to have a permanent base, to rotate troops through and to have a credible offering without burning out the UK armed forces, given the numbers who are currently on sick at the moment and the strength of the military. I want to see larger armed forces, but we do not have the ability to offer the level that we want.

We believe that the world is playing by an international rules-based order, but not all countries will do that. An international rules-based order is a set of rules set out by, normally, the largest countries around the world. When countries such as Iraq or Kosovo do not adhere to them, they expect everyone else to accept it, but the rise of China, Russia, Iran and North Korea is throwing everything into the mix. I believe that this will be a huge loss for us strategically. I reiterate my point that the ceding of Diego Garcia is a monumental strategic error that, in the next decade, we will come to regret.

[The Second Deputy Chairman of Ways and Means (Caroline Nokes)]

I call the Father of the House.

[Sir Edward Leigh (Gainsborough) (Con)]

I commend my hon. Friend the Member for South Shropshire (Stuart Anderson), who has spoken with great authority about the military threat. I also commend the hon. Member for Surrey Heath (Dr Pinkerton). I agree with everything he said; he spoke with great good sense and moderation.

I wish to speak to my new clause 14—I am grateful to my friends who have signed it—which states:

“(1) The Secretary of State must, within six months of this Act receiving Royal Assent, lay before both Houses of Parliament proposals for an advisory referendum of Chagossians residing in the UK, seeking their opinions on the Treaty signed with the Government of Mauritius and the provisions of this Act.

(2) Within a month of publishing the proposals specified in subsection (1), the Secretary of State must make time available in both Houses of Parliament for a debate on a substantive motion relating to the proposals.”

An advisory referendum would be a moderate and sensible proposal, and I am not sure why anybody would disagree with it. Surely we in this House have a moral duty to the Chagossian people, not to bureaucratic convenience or diplomatic horse trading. My new clause simply calls for the Chagossians to be consulted on their own future. That is not unreasonable. It is a modest and entirely proper request. After decades of exile and neglect, it is indefensible to negotiate their homeland’s fate without even asking them. Have we ever handed over a people to a foreign power without even consulting them?

Proponents of paying Mauritius to take the island cite international law, but the entire point of decolonisation was to assert the self-determination of peoples. The United Nations was founded upon the principle that nations and peoples should be free to determine their own destiny in a peaceful way. Chagossians, as we now all agree, were wronged by both the British and the Mauritian authorities. By the way, I am probably the only person sitting in this Chamber who has actually been to the islands—[Interruption.] I am sorry; I pay tribute to my hon. Friend the Member for Romford (Andrew Rosindell). I went there with the Defence Committee 40 years ago.

We kicked those people out of their homes, albeit for perfectly the legitimate reason of promoting the stability and security of the free world, and Mauritius accepted money to help look after displaced Chagossians. No one can dispute the fact that Chagossians are treated as having second-class status in Mauritius. Chagossians who have been living there are fleeing in increasing numbers to the United Kingdom. Many of them happily assert that they want the sovereignty of the United Kingdom to continue over the British Indian Ocean Territory, but they also want a right to return.

Righting the wrongs we have committed means listening to the Chagossians directly, and that is all I am asking for. The amendment would give Parliament the chance to ensure that justice is finally done for those who suffered most. Britain should not repeat the sin of dispossession under the guise of decolonisation. I repeat, Britain should not repeat the sin of dispossession under the guise of decolonisation. To hand the territory to Mauritius would not “end empire”, but merely pass the islands from one remote capital to another; from one imperial power to another. The United Kingdom must not compound historic injustice by ignoring the only people with a legitimate moral claim to these islands.

The Chagos islands are of course a linchpin of regional security for Britain, the United States and our allies in an increasingly contested Indo-Pacific. Undermining that strategic position would embolden hostile powers and weaken our ability to uphold freedom of navigation. Those who call this a colonial relic misunderstand it. It is a forward defence post, not a backward-looking possession. As has been said time and again, the International Court of Justice’s advisory opinion carries no legal binding force and should not dictate British policy. Allowing unelected judges in The Hague to override Parliament’s responsibilities is an abdication of national sovereignty. The Government should resist any creeping judicial globalism that seeks to erode British self-government under the cloak of “international law.”

I will end on this point, and I believe it is a very powerful point: consultation with the Chagossians through a UK referendum is an act of basic democratic respect, not a legal technicality. My new clause would strengthen rather than weaken Britain’s moral standing by showing that we act with fairness and consent. We should not wash our hands of responsibility for British subjects in favour of imagined diplomatic convenience. The right course is to combine justice for the Chagossians with the preservation of Britain’s strategic obligations, not to sacrifice one for the other. Parliament should back these new clauses and amendments as an affirmation that Britain remains a nation that keeps faith with its peoples and its allies alike.

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[The Second Deputy Chairman of Ways and Means (Caroline Nokes)]

Order. When the hon. Gentleman says “you”, he is referring to me. Perhaps he would refer to the Minister as “the Minister”.

[Nigel Farage]

When the Americans realise that, actually, Mauritius is not a trustworthy nation—it is bankrupt; it needs the money; it will not honour this treaty—we will be in a very different place. I do ask the question about the role of our National Security Adviser, somebody very much in the news in the last few days. He was seemingly very happy that a trial against two alleged Chinese spies, operating at times within this building, had disappeared. Not only is he honouring the Labour manifesto, which is very soft on China, but apparently he is very for this Chagos deal.

I put it to Members that this deal is un-British, it is against our national interest, and there is no upside or gain. I can assure them that a future that a future Reform Government will not honour this treaty—end of.

[Graham Stuart]

I refer the Committee to my interests, having observed the Mauritian elections last year as a guest of the Mauritius Labour party.

It is hard not to feel a little bit sorry for the beleaguered Minister at the Dispatch Box today, sent to defend something that is so clearly a betrayal of this country and its interests. Out of the grand total of 400-plus Labour Members of Parliament in this House, he was backed by just one—the hon. Member for Leyton and Wanstead (Mr Bailey)—who sat with his face glued to his iPad, reading the words put there by Lord knows who, and who struggled so much when he finally took an intervention and had to speak off the cuff. Indeed, he has fled now, doubtless to lick his wounds. Not one single other of those 400 Government MPs wanted to come here and defend this Bill.

The Minister is in fact a decent man, and he will know that this Bill has no defence and brings no benefit to this country. Last week, too, we had a Minister sent out to answer for the China spy case. He had never spoken at the Dispatch Box before; it was his very first outing, but he was thought the best person to defend the Prime Minister’s blushes by knowing nothing about the topic in hand and denying things—without lying—by dint of ignorance. It was indeed a triumph, of sorts.

Armando Iannucci and “The Thick of It” cast could not script something as cynical, empty and damaging as this Government’s behaviour in so many spheres. As we can see in the amendments and new clauses before us, which will doubtless all be rejected by the Minister, amidst the betrayal of first-time buyers, farmers, small businesses, special needs children, pensioners, young workers—

[The Second Deputy Chairman of Ways and Means (Caroline Nokes)]

Order. Perhaps the right hon. Gentleman might stay within the scope of the Bill.

[Graham Stuart]

Thank you, Madam Chair. I was setting the context for the amendments to the Bill that we are rightly proposing to ensure that the Government report back on the money that they plan to spend and to ensure that the Mauritius taxpayer is not the only taxpayer to benefit from this.

As I say, the amendments and new clauses come amidst the betrayal of those first-time buyers, farmers, small businesses, special needs children, pensioners, young workers, restaurants and pubs, and amidst the expense grifting, tax dodging, scandals and resignations packed into 14 busy months. Amidst all that, this Chagos sell-out is still a stand-out disaster for this country, and the Ministers on the Front Bench know it. That is why not a single one of their 400-odd colleagues—bar one, glued to his iPad—has been prepared to come to this Chamber tonight and speak in favour of the Bill.

That is why there is no provision to allow a vote on the £3.4 billion—sorry, not £3.4 billion; the £35 billion that has now been set out. As the hon. Member for Clacton (Nigel Farage) rightly says, that is based on a rather small c conservative estimate of the interest, but that is what the Government themselves have said it is likely to cost. This Labour Government decided to give away UK sovereign territory and the location of a critically important military base to another country, and to pay £35 billion for the privilege.

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[Danny Kruger (East Wiltshire) (Reform)]

I speak in support of new clause 1, which would ensure that this House had a vote before any money was paid to the Government of Mauritius under the treaty. I support the new clause because it demonstrates the important principle of this House asserting its rightful role as the guardian of both public money and British sovereignty. The privileges of this House have been serially insulted in the debates we have had today, which I want to mention quickly. With this new treaty we see the height of what we saw earlier: a dereliction of the responsibilities of this House and the Government. Earlier, in the urgent question on the China spy case, we heard that politicians should not be consulted—

[The Second Deputy Chairman]

Order. The hon. Gentleman will keep within the scope of this Bill, and not seek to rehash urgent questions held earlier.

[Danny Kruger]

I understand, Madam Chairman, and of course you are quite right. The point I was making is that there has never been a Government who are so reluctant to govern as the one we have today. We have heard from hon. Members how baffling the decision is to surrender the Chagos islands. The only rational reason that could account for it is some kind of secret deal with China. I do not know if that is the case. The Government’s obeisance to international law might well trump national sovereignty, and in fact there is no rational calculation behind this decision except that of submission to their ideas of international law.

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[Stephen Doughty]

We have been very clear about the legal position and the legal risk. The right hon. Gentleman’s Government knew this; it is why they started the process. I do not want to detain the Committee by going through all the arguments that I made on Second Reading—[Interruption.] But he knows that we faced the comprehensive rejection of our arguments at the ICJ in 2019, we lost votes at the UN General Assembly, we had the maritime delineation judgment binding on Mauritius and the Maldives—[Interruption.]

[The Second Deputy Chairman]

Order. I will hear the Minister.

[Stephen Doughty]

Thank you, Madam Chairman. The Opposition ask questions and then make so much noise—they do not even want to hear the answers.

I have mentioned the obligations placed on the BIOT Administration by UN bodies to cease specific activities. I have mentioned the series of procedural complications and blockages at international organisations, including the comprehensive nuclear-test-ban treaty. There are many examples of clear risks. I have explained before the potential under annex VII of UNCLOS—